Travels Through the Transportation Code: Rules of the Road

Transcription

1 Travels Through the Transportation Code: Rules of the Road Presented by Gilbert Hernandez 1

2 Objectives: Describe the Rules of the Road Determine why these are important to know Explain moving violations Distinguish some of their differences Rules of the Road & Moving Violations Rules of the Road Moving Violations Transportation Code Title 3 Aviation Title 6 Roadways Title 7 Vehicles and Traffic 2

3 Title 7 Vehicles and Traffic Subtitles A J Subtitle C Rules of the Road Chapters Chapters reserved for expansion Chapter 542, T.C. General Provisions Punishable fine $1 - $200, $3 Traffic Fund (TF), $30 State Traffic Fee (STF), % to municipality = $ , T.C. Construction Zone Workers Present Twice the minimum fine Twice the maximum fine 3

4 , T.C. Failure to YROW and Accident Bodily injury: $500 - $2,000 Serious bodily injury: $1,000 - $4, , TC Amount of Civil Penalty Penalty $75 (Red light camera) Late payment $25 FYROW Chap 1. Sec 1.07 Penal Code (8) "Bodily injury" means physical pain, illness, or any impairment of physical condition. (46) "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Chapters 543 & 544, T.C. 543 Arrest and Prosecution Arrest without warrant Driving Safety Course fees Convictions Reported to DPS Traffic, Signs, Signals, & Markings Traffic lights in general Stop signs and Yield signs

5 Chapter 545, T.C. Operation and movement of vehicles Passing to the right Signaling turns; Use if turn signals Passing authorized emergency vehicle Maximum speed requirement Child safety seat system Chapters 546 & 547, T.C. 546 Operation of authorized emergency vehicles & certain other vehicle 547 Vehicle equipment Headlamps Stoplamps Brakes required

6 Chapter 548, T.C. Compulsory inspection of vehicles Vehicles & equipment subject to inspection Failure to display inspection certificate Dismissal of charge; admin fee Other Rules of the Road Chapters 550 Accidents and accident reports 551 Operation of bicycles, mopeds, & play vehicles 552 Pedestrians 553 Enactment and enforcement of certain traffic laws in certain municipalities 600 Miscellaneous provisions Court Costs and Fees Court Costs. Texas Municipal Courts. CCChart

7 Court Costs and Fees Court Costs. Texas Municipal Courts. CCChart Overtaking a school bus is a moving violation and as of 2009 Article , C.C.P., imposes a ten cent fee on all convictions of moving violations Fund the Statewide Repository of data related to Civil Justice What does this mean for you? If it is a moving violation then. 7

8 Violation? So far we know: Rules of the Road Certain Court Costs apply $40 State CF, $3 Local TFC, $25 Local CS, $30 State STF, $4 State SJRF, $2 State IDF State, and $6 JSF*3. ALL Moving violations incur $.10 We can also determine that: If No Driver s License falls under Sec T.C. Rules of the Road are Sec If Failure to Maintain Financial Responsibility (No insurance) falls under Sec T.C. Then TFC & STF do not apply to NOL & FMFR 8

9 Classify this violation: What are moving violations? Article , C.C.P., (a)(1) a moving violation involves the operation of a motor vehicle and (2) is classified as a moving violation by the DPS under , T.C. Section , T.C. (a) The driver s license accumulates points, (b) for each conviction shall assign points as follows: (1) two points for moving violations (2) three points for a moving violation that resulted in an accident. 9

10 Section , T.C. Annual Surcharge for points Accumulation of 6 points Preceding 36-month period Section , T.C. Amount of Points Surcharge $100 for the first 6 points $25 for each point thereafter Section , T.C. Surcharge for Conviction of Certain Intoxicated Driver Offenses Section P.C. $1,000 per year for three years $1,500 per year for second or subsequent $2,000 for 1 st or subsequent if level 0.16 at trial 10

11 Section , T.C. Surcharge for Conviction of Driving While License Invalid or Without FMFR $250 per year Section , T.C. Surcharge for Conviction of Driving Without Valid License $100 for not more than three years Where do moving violations live? Texas Secretary of State State Rules & Open Meetings Tab Texas Administrative Code cb /uncyclopedia/images/c/cc/bad_ driving.jpg 11

12 Texas Administrative Code (TAC) TAC is a compilation of all state agency rules in Texas. There are 16 titles in the TAC. Each title represents a category and related agencies are assigned to the appropriate title. Texas Administrative Code TITLE 1 - ADMINISTRATION TITLE 4 - AGRICULTURE TITLE 7 - BANKING AND SECURITIES TITLE 10 - COMMUNITY DEVELOPMENT TITLE 13 - CULTURAL RESOURCES TITLE 16 - ECONOMIC REGULATION TITLE 19 - EDUCATION TITLE 22 - EXAMINING BOARDS TITLE 25 - HEALTH SERVICES TITLE 28 - INSURANCE TITLE 30 - ENVIRONMENTAL QUALITY TITLE 31 - NATURAL RESOURCES AND CONSERVATION TITLE 34 - PUBLIC FINANCE TITLE 37 - PUBLIC SAFETY AND CORRECTIONS TITLE 40 - SOCIAL SERVICES AND ASSISTANCE TITLE 43 - TRANSPORTATION Title 37 Public Safety and Corrections PART 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY PART 3 - TEXAS YOUTH COMMISSION PART 4 - ADJUTANT GENERAL'S DEPARTMENT PART 5 - TEXAS BOARD OF PARDONS AND PAROLES PART 6 - TEXAS DEPARTMENT OF CRIMINAL JUSTICE PART 7 - TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION PART 9 - TEXAS COMMISSION ON JAIL STANDARDS PART 11 - TEXAS JUVENILE PROBATION COMMISSION PART 13 - TEXAS COMMISSION ON FIRE PROTECTION PART 14 - INDEPENDENT OMBUDSMAN PART 16 - OFFICE OF VIOLENT SEX OFFENDER MANAGEMENT 12

13 Part 1 Texas DPS CHAPTER 1 - ORGANIZATION AND ADMINISTRATION CHAPTER 2 - CAPITOL ACCESS PASS CHAPTER 3 - TEXAS HIGHWAY PATROL CHAPTER 4 - COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES CHAPTER 5 - CRIMINAL LAW ENFORCEMENT CHAPTER 6 - LICENSE TO CARRY HANDGUNS CHAPTER 7 - DIVISION OF EMERGENCY MANAGEMENT CHAPTER 9 - PUBLIC SAFETY COMMUNICATIONS CHAPTER 13 - CONTROLLED SUBSTANCES CHAPTER 14 - SCHOOL BUS SAFETY STANDARDS CHAPTER 15 - DRIVER LICENSE RULES Chap 15. Driver License Rules SUBCHAPTER A - LICENSING REQUIREMENTS SUBCHAPTER B - APPLICATION REQUIREMENTS--ORIGINAL, RENEWAL, DUPLICATE, IDENTIFICATION CERTIFICATES SUBCHAPTER C - EXAMINATION REQUIREMENTS SUBCHAPTER D - DRIVER IMPROVEMENT SUBCHAPTER E - RECIPROCITY IN DRIVER LICENSING SUBCHAPTER F - REGULATIONS IN MAINTAINING DRIVER RECORDS SUBCHAPTER G - DENIAL OF RENEWAL OF DRIVER LICENSE FOR FAILURE TO APPEAR FOR TRAFFIC VIOLATION SUBCHAPTER H - ADVERTISING SUBCHAPTER I - RELEASE OF DRIVER RECORD INFORMATION SUBCHAPTER J - DRIVER RESPONSIBILITY PROGRAM SUBCHAPTER L - ELECTION IDENTIFICATION CERTIFICATE Subchapter D Driver Improvement Definition of Terms Notice of Suspension, Disqualification or Revocation, Order of Suspension, Disqualification and Revocation Hearing Requests Hearing Appeals Driver License Denials Cancellation of Driver License Demand for Surrender of Driver License Moving Violations 13

14 What is a moving violation TAC? (a) Moving violations are defined as an act committed in connection with the operation of a motor vehicle on a public street or highway, which constitutes a hazard to traffic and is prohibited by state law or city ordinance. TAC Rule cont d (b) A list of traffic offenses that constitute a moving violation is available in Table 1. Table 1 also indicates the moving violations that will be assessed points (1) Not all moving violations are assessed points TAC Rule cont d (2) Moving violation convictions that are assessed specific surcharges, Intoxicated driver offenses, Driving while license invalid or without financial responsibility, Driving without valid license, no commercial driver license, driving without the proper commercial license endorsement, and driving without the proper motorcycle endorsement, Will not be assessed points under the Driver Responsibility Program. _rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=37&pt=1&ch=15&rl=89 14

15 How do points work? Two points for a moving violation conviction Points will not be assigned for speeding less than 10% over the posted limit or seat belt convictions. Three points for a moving violation conviction that resulted in a vehicle crash. Points cont d Points remain on the driver record for a period of three years. DPS will assess a surcharge when the driver accumulates a total of six points or more on their record during a three-year period. The driver must pay a $100 surcharge for the first six points and $25 for each additional point. Annual Charges Year 1: 1 stop sign + acc = 3 points Year 2: 1 speeding, 1 red light = 4 points Year 2: Driver owes $125 Year 3: No ticket Year 3: Driver owes $125 Year 4: FYROW = 2 points Year 4: Y1 drops, driver owes $100 15

16 Is there a difference? Rules of the Road violations consist of: Many laws that pertain to vehicles and traffic governed by the T.C. Certain court costs apply A moving violation if it involves the operation of a motor vehicle Rules of the Road Moving Violations Questions? 16